Temporary Total Disability Benefits in Oregon
Have you suffered a work-related injury or illness that has left you unable to work? If so, you could be entitled to temporary total disability (TTD) benefits under Oregon law.
TTD benefits are designed to cover a portion of your lost wages when you’re too hurt to return to work for a limited period. But the process of claiming the full TTD benefits you are owed can be complicated and time-consuming without the help of an attorney.
At the Law Offices of Jodie Anne Phillips Polich, P.C., our principal attorney, Jodie Anne Phillips Polich, is a former appointee of the Oregon Workers’ Compensation Board with decades of experience serving the best interests of injured workers.
Contact our firm today to discuss your case with Jodie in a free initial consultation.
What Is Temporary Total Disability Compensation?
Temporary total disability (TTD) benefits are a particular type of workers’ compensation benefits. Eligible employees in Oregon are entitled to TTD benefits when they sustain work-related injuries that temporarily render them unable to return to work, even with modified tasks or accommodations.
Temporarily disabled workers typically receive weekly TTD benefits equal to two-thirds of the average weekly wages (AWW) they earned before the disability, up to a weekly maximum of 133 percent of the statewide AWW. For injuries that occur after July 1, 2021, the weekly maximum for TTD benefits is 1.33 multiplied by the statewide AWW of $1,247.13, which works out to $1,658.68.
Who Qualifies for Temporary Total Disability in Oregon?
Under Oregon law, all employers with one or more regular employees must either purchase workers’ comp insurance or qualify as self-insured on behalf of their employees. Independent contractors, sole proprietors, partners, and other executives usually aren’t covered. But if you work part-time or full-time for someone else, you are likely entitled to workers’ comp benefits.
As long as you are fundamentally eligible for workers’ comp benefits in Oregon, you are entitled to TTD benefits if a work-related injury or illness prevents you from returning to work in any capacity while you recover. To receive TTD payments, you must file a workers’ comp claim and obtain a formal opinion from a medical professional who determines you cannot work.
How Can I Calculate My Temporary Total Disability Benefits?
When you are temporarily totally disabled, the amount of TTD benefits you can receive is equal to:
- Two-thirds (66⅔ percent) of the average weekly wages you earned before you sustained the injury or illness
- A maximum of 133 percent of the statewide AWW (currently $1,658.68 per week)
- A minimum of 33 percent of the state AWW or $50 per week, whichever is less
You are not entitled to TTD benefits for the first three days of missed work unless you remain disabled for 14 consecutive days or get admitted to the hospital within 14 days of the onset of your disability. If you leave work or lose wages for any part of the workday on the day you sustain your injury, that partial day is considered the first day of the initial three-day period.
So, if your pre-injury AWW is $1,000 per week, and a work-related injury leaves you totally disabled for 10 days. You would not be entitled to TTD benefits for the first three days you missed, but you could receive up to two-thirds of your AWW for seven days, or one full week. Two-thirds of your usual $1,000 per week would leave you roughly $667 for a week of TTD benefits.
How Could Social Security Benefits Affect My Temporary Total Disability Benefits?
If your temporary total disability is expected to render you unable to work for 12 months or longer, you may be entitled to Social Security Disability Insurance (SSDI) benefits in addition to TTD benefits. However, you should know that the amount of compensation you receive in TTD benefits can reduce the amount you receive in SSDI payments.
Social Security rules limit the total amount of disability benefits you can receive to 80 percent of your average pre-injury wages. If the value of your TTD benefits and your SSDI benefits exceeds 80 percent of your usual earnings, the Social Security Administration (SSA) will “offset” (i.e., lower) your SSDI payments to bring your overall monthly benefit amount below the 80 percent threshold.
There are ways to minimize or even eliminate the effect of the SSA offset. You can deduct certain expenses, spread payments over a longer period via a structured settlement, or consider early retirement. If you’re entitled to both SSDI benefits and TTD benefits, it’s best to contact a knowledgeable attorney for guidance.
Temporary Total Disability FAQs
Here are some general answers to some of the most frequently asked questions about TTD benefits in Oregon:
What happens if I was working more than one job at the time of injury?
If you were working additional jobs when you suffered the injury that led to your disability, you are entitled to supplemental and TTD benefits under Oregon law. That means you can receive two-thirds of the average of your weekly wages from each job combined. The supplemental payments added to your base TTD benefit amount will come from the Workers’ Benefit Fund.
How soon can I get temporary disability benefits?
Oregon law requires a waiting period of three days before you qualify to receive TTD benefits. However, if your temporary total disability lasts 14 days or more, you can recover retroactive benefits for the initial three days.
How long do temporary disability benefits payments last?
Oregon law sets no specific time limit on how long you are entitled to collect TTD benefits. You become eligible for TTD benefits when your physician confirms that you are entirely unable to work due to a work-related condition. Once you have this confirmation, you can continue receiving TTD benefits from the date of the injury until you are “medically stationary,” which means further treatment is no longer expected to improve your condition.
Get Help from an Experienced Oregon Workers’ Compensation Lawyer
If you have been injured on the job or developed an occupational illness in Oregon, our Milwaukie workers’ compensation attorney can help you determine your next steps when you contact us for a free initial case review.